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(영문) 서울동부지방법원 2013.11.14 2013고단1730
근로기준법위반등
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The defendant is the representative of C in the second floor of Songpa-gu Seoul Metropolitan Government, who employs 50 full-time workers and runs the wholesale business of household and travel goods.

The Defendant did not pay KRW 330,00 of D’s wages working from August 10, 2012 to September 4, 2012 at the same place of business within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without an agreement between the parties to extend the due date, and did not pay KRW 11,797,139, total amount of KRW 14 days from the date of occurrence of the cause for payment, as stated in the attached Form Nos. 2, 7, 12, 25, 38, and 42.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. E’s written petition;

1. Application of Acts and subordinate statutes to the date of dispatch, the detailed statement of arrears, each benefit ledger, each daily benefit ledger, each business income payment ledger, each average wage and retirement allowance calculation statement;

1. Article applicable to criminal facts;

(a) The fact that wages are not paid: Articles 109(1) and 36 of the Labor Standards Act

(b) Unpaid retirement benefits: Subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act.

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (attached Form No. 12, once a year, the duty of paying wages, between violations of the Labor Standards Act due to the failure to pay wages, between violations of the Guarantee of Workers' Retirement Benefits Act due to the failure to pay retirement allowances, and punishment prescribed for violations of the Guarantee of Workers' Retirement Benefits Act with heavier criminal

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant agrees with the remaining workers except six workers, the defendant repents his mistake, and the defendant's age, character and behavior.

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